when to get a lawyer for personal injury for emotional distress

If you've suffered a significant loss, a traumatic experience, or a physical injury, work closely with a personal injury attorney who can guide and support you in the recovery process. If you’ve been involved in an accident and have questions about filing a legal claim for emotional distress or what your next steps should be, we can help.

Full Answer

Do I need a lawyer for emotional distress?

Since the laws concerning emotional distress are complex and vary from state to state, you should speak with a qualified personal injury lawyer. There are several different ways a plaintiff can recover for emotional distress and an experienced personal injury lawyer would be beneficial.

Do I have emotional distress after an injury?

In a word, yes. It is safe to say that everyone experiences a degree of emotional distress after an injury. The severity of your emotional distress has a direct impact upon your potential for recovery. As a result, it is important to document any feelings your're having, through a medical provider if at all possible.

Can I file a lawsuit for emotional distress?

Unlike a broken bone or other physical injury, it is often hard to definitively prove your injuries. Thus, it is important to understand the different types of emotional distress claims that you may make before attempting to file a lawsuit based on emotional distress.

What constitutes emotional distress under the law?

In short, the law recognizes emotional distress as a state of mental suffering that occurs because of an experience caused by the negligence or intentional acts of another, usually of a physical nature.

Is it hard to prove emotional distress?

Emotional distress may be one of the most difficult injuries to prove. Unlike a broken arm or leg, there are no X-rays someone can point to, or even a scar you can display to prove your injuries. Instead, emotional distress is largely psychological.

What evidence do you need for emotional distress?

To prove a claim for intentional infliction of emotional distress in California a plaintiff must prove that: The defendant's conduct was outrageous, The conduct was either reckless or intended to cause emotional distress; and. As a result of the defendant's conduct the plaintiff suffered severe emotional distress.

How do you determine emotional distress damages?

With the multiplier method, the first step is to calculate the current and future financial costs of your injuries. Then, damages for your emotional distress are determined by multiplying this amount by a number that is typically between 1.5 and 5.

What qualifies as emotional damages?

Emotional damages can be the mental repercussions of physical wounds such as a brain trauma that leads to forgetfulness, or insecurities caused by permanent scars, or physical reactions that stem from emotionally charged scenarios.

What are the 5 signs of emotional suffering?

Know the 5 signs of Emotional SufferingPersonality change in a way that seems different for that person.Agitation or displaying anger, anxiety or moodiness.Withdrawal or isolation from others.Poor self-care and perhaps engaging in risky behavior.Hopelessness, or feelings of being overwhelmed and worthless.

What can you sue for emotional distress?

It may be possible for you to sue for emotional distress, depending on your situation. The main factor that will mean you can make a claim is whether someone's negligence caused the harm you first suffered. This could be because you were hurt in an accident that was someone else's fault.

What is the average payout for psychological damage?

What Do Statistics Show About Average Emotional Injuries Settlement Value?YearAward MedianProbability Range2008$100,060$20,000 – $356,2502009$57,500$10,000 – $287,5002010$45,000$6,000 – $250,000Overall$81,000$10,789 – $373,7504 more rows•Feb 6, 2019

How much pain and suffering should I ask for?

For example, if you had $50,000 in medical costs and other hard costs, and your suffering was rated at about a 3, then the pain and suffering damages should come to about $150,000 (3 x $50,000 = $150,000).

Can you claim damages for emotional distress?

You can claim for the emotional distress the discrimination has caused you - this is called 'injury to feelings'. You'll need to say how the discrimination made you feel. Ask your family, friends, colleagues, medical professionals or support workers if they'll be witnesses to how the discrimination affected you.

What is extreme emotional distress?

Severe emotional distress is that which is substantial or enduring. It has also been defined as a kind of distress no reasonable person is expected to endure. It may consist of any highly unpleasant reaction such as fright, grief, shame, humiliation, embarrassment, anger, or worry.

What is psychological distress?

Psychological distress refers to non-specific symptoms of stress, anxiety and depression. High levels of psychological distress are indicative of impaired mental health and may reflect common mental disorders, like depressive and anxiety disorders [1].

Is causing emotional distress a crime?

The tort of intentional infliction of emotional distress (IIED) occurs when one acts abominably or outrageously with intent to cause another to suffer severe emotional distress, such as issuing the threat of future harm.

What is emotional distress and what defines emotional distress damages?

Emotional distress refers to the sufferings that you go through emotionally after an unforgiving or severe event such as a personal injury accident. It is a class of injury that is included in the compensation claims in your personal injury lawsuit.

Documenting emotional distress

If your injuries and sufferings have come to a level where they have spurred you to make a compensation claim, it’s probable that you already have started seeking medical treatment. You must tell your doctor about the psychological symptoms that you are experiencing after the accident along with your physical injuries.

Why does the severity of the emotional distress matter?

Everyone goes through mental trauma and distress to some extent after an injury. So it’s safe to state here that the financial recovery will depend upon the severity of your emotional distress. That’s why it is important to document your mental and emotional conditions that you are experiencing. If possible do consult a medical practitioner.

Intentional infliction of emotional distress

Oftentimes, plaintiffs wish to file a separate claim for the intentional infliction of emotional distress. These are the claims that are less commonly filed than usual emotional distress claims.

How can you sue for emotional distress?

Suing someone concerning your emotional distress trauma may involve the following steps:

What are the different types of emotional distress?

As noted above, there are two main types of emotional distress claims. The different types of claims available for emotional distress include: 1 Negligent Infliction of Emotional Distress: This claim for emotional distress occurs when a defendant’s actions are accidental or unintentional. However, there must still be a causal connection between the defendant’s action and the emotional distress the plaintiff suffers. For instance, cases where a person witnessed the death or injury to their family member from a drunk driver may qualify for negligent infliction of emotional distress; and 2 Intentional Infliction of Emotional Distress: This claim for emotional distress occurs when a defendant’s actions are intentional or reckless. For example, an employer having you fired and escorting you out in handcuffs may be humiliating, that treatment would likely not rise to a level of intentional infliction of emotional distress.#N#However, a case where you have been diagnosed with post traumatic stress disorder due to having been repeatedly subject to bullying and workplace harassment, and your employer knew but took not action, may be likely to succeed.

Why are emotional distress cases so expensive?

Further, emotional distress cases are often very expensive to bring, due to the nature of having to hire expert witnesses, such as a therapist, doctor, or psychologist to prove the extent of your injuries and the amount of money needed to allow for a proper recovery. Additionally, state laws will vary as to what will be required to properly prove ...

How long does it take to file a claim for emotional distress?

A typical statute of limitations period for most claims of negligent or intentional infliction of emotional distress is two years from the date of injury.

What happens if you are in a car wreck with your family?

For example, if you were in a car wreck with your family due to the negligent driving of a drunk person, you may be able to recover for the emotional distress you suffered from both your physical injuries and injuries to your family. Another example is where a drunk driver drives onto a sidewalk and hits a child walking with their family.

Why is it important to use an expert witness?

This means that the use of expert witness is often necessary to help prove to a court that you both suffered an actual injury and the amount of damages that resulted from that injury. Because of the use of expert witnesses, suing for emotional distress is often very expensive.

What is zone of danger?

In legal terms, the zone of danger is the area within which one is in actual physical peril from the negligent conduct of another person. This means that often in order to recover for emotional distress, you must either be directly injured yourself or you were also in danger of physical injury. For example, if you were in a car wreck ...

What does it mean to be outrageous?

Outrageous conduct means more than mere insults, threats, annoyances, or petty oppressions. For example, someone shouting at you that they hope you die would not result in a valid claim of emotional distress, but someone falsely informing you that your child or a close family member had been killed may.

Why is emotional distress so long lasting?

Bitterness. When a person experiences emotional distress, their recovery is often extended. This is because mental anguish can cause physical suffering. In addition to the emotional responses above, a person suffering from emotional distress could experience weight fluctuations, appetite changes, fatigue, and more.

What is emotional distress?

The degree of severity of emotional distress varies based on the individual and the circumstances surrounding the accident. Common types of emotional distress include: When a person experiences emotional distress, their recovery is often extended. This is because mental anguish can cause physical suffering.

What happens when negligence contributes to an accident?

When negligence contributes to an accident, thoughts immediately go to the financial consequences and injuries. Depending on the accident, a person could be suffering from broken bones, soft tissue injuries, or more debilitating conditions. That, however, is not where the harm ends.

What percentage of compensation is awarded to a person who is responsible for 10% of an accident?

So if the victim was responsible for 10% of their accident, they’d only be eligible for 90% of the total compensation.

Is there a cap on noneconomic damages in Mississippi?

Caps on Noneconomic Damages in Mississippi. Because there’s no specific formula for calculating noneconomic damages, some states, including Mississippi, have placed caps on the amount of compensation you can collect for damages like emotional distress.

Is emotional distress hard to prove?

Proving Emotional Distress. Because emotional distress is not tangible in the same sense that physical injuries are, it’s considerably harder to prove—especially when you’re in negotiations with an insurance company. As such, working with an experienced personal injury attorney can ensure you’re properly compensated for ...

Is emotional distress a personal injury?

While pain and suffering is tied to a personal injury claim, emotional distress can be considered a claim in its own right. This means that it’s often more difficult to recover compensation for emotional suffering.

What is Emotional Distress?

Emotional distress refers to the type of mental suffering caused by an incident, caused by either negligence or intent. In some cases, the victims sustain emotional distress due to the injury they inflicted, but they can also suffer from mental anguish if they were bystanders of an accident.

Can I File a Civil Lawsuit for Emotional Distress?

Luckily, if you feel that you need to be compensated for the emotional distress you’ve suffered, you can sue for mental anguish. Since the courts allow emotional distress to be recovered through a civil lawsuit, you are free to sue if necessary. However, you’ll have to provide evidence to support your claims.

What Kind of Evidence Can I Present?

Emotional distress cases are much trickier than if you suffered physical injuries because, unlike a cast for a broken leg or a bandage for wounds, psychological damages are more challenging to prove. Evidence is crucial in determining whether or not you can sue.

Physical Injuries

Physical injuries caused by the incident are easy to identify. Various health conditions such as ulcers, cognitive impairment, and headaches can be considered as indicators of emotional distress.

Time

Time is an essential factor, as the longer you’ve been experiencing mental anguish, the more credible your case will be.

Medical Reports

A doctor’s or psychologist’s report will be a significant piece of evidence in demonstrating your emotional distress. Make sure that you seek medical attention immediately after the incident.

Testimonies

The courts will ask for testimonies of how your life has been affected by the incident. They may call for your psychologist, family, friends, and colleagues to testify on your behalf.